' IFTIKHAR MUHAMMAD CHAUDHRY, J.--- This petition for leave to appeal is directed against the judgment, dated 22nd March, 2001 passed by Lahore High Court, Lahore.
2. It is pointed out by the learned counsel for the parties that learned High Court while disposing of R.S.A. No,62 of 1985 gave its findings only on two points i,e, regarding bar of section 19 of the Colonization Act, 1912 on transfer of the property by Abdul Jabbar in favor of respondent No,1 Allah Ditta and on the question relating to bona fides of the petitioner Khalid Shafique to purchase the property vide sale-deed dated 3rd March, 1976 (Exh.D.1). But as far as other issues are concerned, which are very important particularly the authority of respondent No,3 to enter into agreement to sell dated 17th February, 1976 with the respondent No,1, have not been attended to, therefore, they agreed that on setting aside impugned judgment, case may be remanded to the learned High Court for the decision of R.S.A. No,62 of 1985 afresh, after providing opportunity of hearing to all concerned with liberty to petitioner to put forward the pleas in respect of the issues which were abandoned by respondent No,1 before the Appellate Court and High Court.
3. We have examined the impugned judgment carefully as well as the judgments of the trial and Appellate Courts. On our independent consideration of the matter, we are of the opinion that High Court may have examined to all issues in the light of the arguments put forward by both the sides and the material available on record, particularly A concerning issue to the effect that as to whether respondent No,3 has lawful authority to enter into agreement to sell dated 3rd March, 1976 with respondent No,l. Therefore, request of both the sides, is conceded to and impugned judgment dated 22nd March, 2001 is set aside. Case is remanded to the High Court for fresh decision of the R.S.A. 62 of 1985, keeping in view the observations made hereinabove.##TE#